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RESPECTIVE PLEAS AND ARGUMENTS O F T H E MOTHER COUNTRY, ANDOFTHE COLON I E S, DISTINCTLY SET FORTH; AND TH£ 1.. i'OSSIBILITY OF A COMPROMISE OF DIFFERENCES, MUTUAL CONCESSION OF RIGHTS, . PLAINLY DEMONSTRATED. W I T H A PREFATORY EPISTLE, TO T H 1 PLENIPOTENTIARIES OF THE LATE CONGRESS AT PHILADELPHIA. S E C O N IX E D I T I O N. BY JOSJAH TUCKER, D, D. DEANOFGLOCESTER. -^2- GLOCESTER: PRINTED BY R. RAIKESj ANDSOLDBY T. CADELL» IN THE STRAND, LCNDCN. M.DCC.LXXVI. £PRICE ONE SHILLING.] \ , I •f ; ^■:k f I VA : '.' ,,J \\.ii.--:ivir'''ii - -'>*/■ >iKJv»'i i •a^VA5\';5v./isLi.;, ■-&^rv'-y^i^^3^:4:' llo/i*L','::..^?t^- THE Epiftle Dedicatory 'To the Plenipotentiaries of the feveral Republics of New-Hamp(hire, Maffachufets-Bay, Rhode- Ifland and Providence Plantations, Connec- ticut, New- York, New-Jerfey, Penlilvania, Newcaftle, Kent and Siiflex on Delaware^ Maryland, Virginia, North Carolina and South-Carolina, deputed to meet and Jit in general Congrefs in the City cf Philadelphia. Gentlemen, HE public Charafter, with which you are now invefted, attrads the Atten- tion of Mankind, as well in Great- Britain^ as in America, Among o- thers, who think themfelves concerned in this Difpute, the Author of the following Trad has Reafons peculiar to himfelf for paying you the carliell public Acknowledgments in his Power, for the Favours you have done him. Most People here in Britain thought that yod would not fo foon have thrown off the Mafk, A 2 and ■^\rm ' '\ ■k * I •■ ■;-■■>»:.■* 1 -i}!' U SM-\ IV EPISTLE cB ,■» ■ • and fct up for Independence. And very many- there were, who either could not, or would not fee, that you intended it at all. Nay, even fince the breaking up of your Congrefs, it has been folemnly declared, and that in Parliament, that you entertained no fuch Defign. Now, to con- vince fuch as thefe of their Miftake, would have been a tedious Affair, and have coft the Author of this Trafl: a good deal of Trouble, in the Way of Reafoning and Argumentation. But you have done it effeflualiy at once : And for the future it is impoflible to mifapprehend your Meaning. You have now plainly and flatly told us, without any Colouring or Dif- guife, that you renounce all Subjedlion whatever to the Legiftature of the Parent- State-, and that you will not acknowledge, that fhe has any other Authority or Jurifdidlion over you -y—but what you. your/elves Jhall pkafe to give her. This is fpeaking plainly and to the Purpofe : And fo far you have aded a fliir and confiftcnt Part. But, Gentlemen, arc you and your Confti- tiitnts, (for I here include you all) equally con- fident and uniform in other Parts of your Con- du6l ? And can it be affirmed, that you are as flrcnuous Advocates f6r Liberty in other Cafes, as you are in tliis? You bravely declare, " That " by the mmutaMe Laws of^uure^ you are en- *' tided to Life, Liberty, and Property." — Cer- tainly you are : And the Reafon you give is not ,^)iSv «( «( DEDICATORY. v a bad one, y^\\cn foberly underftood, viz. " Bc- " caufe you have never ceded to any Sovereign Power whatever, a Right to difpofe of either without your Confent." Permit me therefore to afk, Why are not the poor Negroes, and the poor Indians entitled to the like Rights and Be- nefits ? And how comes it to pafs, that thefe immutable Laws of Nature are become fo very mutable, and fo very infignificant in refped to them ? They probably never ceded to any Power, — moft certainly they never ceded to you, a Right of difpofing of their Lives, Liberties, and Properties, juft as you pleafe. And yet what horrid Cruelties do you daiiy pradife on the Bodies of the poor Negroes ; over whom 70U can have no Claim, according to your own Principles ? What fhameful Robberies and ^Ufurpations are you daily guilty of in refpedl to the poor Indians^ iht-onXy true and rightful Proprietors of the Country which you inhabit? Thefe Things, Gentlemen, ought not to be: For ■whilft you, and your Conftituents, are charge- able with fo much real Tyranny, Injustice, and Oppreflion, you declaim with a very ill Grace againft the imaginary Tyranny, and the pretend- ed Oppreflion of the Mother-Country. I am not unacquainted with your Manner of carrying on your bartering Trade with the Indians^ any more than with your Treatment of your unhappy :'31aves t)ic Blacks. I could alfo give fome Spe- A 3 cim.ens 1 ( ■h: it 1 •:-" ■ J., ■\ l-.,-,i' .:-,f ■ ,^,.., ■;;i '^iM. ■ifial. m-^^ I ■■ ■'Til VI EPISTLE. cimcnsof your equitable M^^^of mcafuring, and making PMrchafcs of Lands from the Natives j--^ even when you condefcend to the Formality and Farce of making a Purchafc from them: — Alfo how you contrive to thin the Numbers of thefe unhappy Tribes by Means of your grand En- gines of Death, Rum, and the Small Pox : And then how you drive the miferable Survivors away, and feize their Lands. But I forbear : — For my Defign is not to roufe the Indignation of my Countrymen to go to War with you,-— but to throw you entirely off: Which perhaps may prove the greater Punifhment of the two. In regard to your fetting up for Independence, k is no new Thing. Every Colony has done the like, as foon as it was able : So that in that Re- fpeft you are not fingular, you are only on a Par -with others. ' But you are the only People that ever yet exifted, who, after having difclaimed all Subjedlion to the Parent State, dill expert to en- joy the fame Benefits, the fame Protedion, the fame Pofts of Honour, Profit, and Advantage, as if you had always been obedient Subjc(5ts. For in Fad, you ftill expeft to be regarded and treated as Engliflimen in every Cafe, where any Benefit is to be derived from that Charader :— But as to thofe Burdens, which Engliflimen muft bear in order to fupport that Charadter j— In re- fped to thefe Things you |3eg to be excufed : You will do as you pleafe. This is fuch a curious Phaeno- i . .■; .'^^,'f^%\i:',i DEDICATORY, rii- Phoenomcnon in Politics, Law, and Commerce; that our old World was never able to produce it. America alone has that cxclufive Honour. But in order to ftrengthen your Caufe, and encreafe your Numbers, you wifli to draw the large andextenfiveProvinceof Cj»^i n-i •v:t 'I. '.', 1^ • '« h' '•■ m X EPISTLE^ attempted to palm upon them \n America. The Tranfubftantiation I refer to, is that of turninp- Bits of Paper, worth nothing at all, into legal Tenders of Payment. And this Tranfmuta- tion, four of your prefent Republics, viz. Rhode- Jfland and Providence Plantations^ ConneSlicut^ the Maffachufets-Bayt and New-Hamp/hirey paiTed Afts of iiflenibly to do. And it is very plain, that the other Colonies would have done the fame, if they tould. But the Britijh Law (N. B. not any Law of Geii, III. but) of the 24th of Geo. II. Cap. 53, Anno 1751, put an End to thefe Ante- rican Fiftions of Tranfubftantiation Therefore the Reader will from hence eafily perceive the real Caule and Foundation of your great Wratli againft the Parliament of Great-Britain for inter- fering with the Legiflation of the Colonies. But as you have been pleafed tofele6t the Swifs Cantons as a Proof of what 'you advance ; alfo, as you intended (moft probably) to propofe them for a Model of an Union among your own newly- cr'satcd Republics, I will crave yourPermiffion to make a few Obfervations on each of thofe Points. - The Cantons in «S'ze;//2fr/^»^^ whofe Govern- ments are eleftive, and where a Majority of the People. Poor as well as Rich, have the Privilege of voting, are chiefly, if I remember right, the fmall Popifli Cantons in the Mount?'- ; ; whofe Aflcmblies (in Proportion to their Numbers) are almoft, if not altogether, as tumultuous and dif^ orderly, •DEDICATORY. xi prderly, as our parliamcnteering Eledlions in London and Weftminfier, Fifts and Clubs (for, I think, it is fagacioufly ordered, that no other Weapons ftiall be admitted into the public Af- femblics •, and therefore I fay, Fifts and Clubs) are often ufcd not only as the moft perfu^fivn^ but as the moft decifive Arguments : Whereas in the Proteftant Cantons, efpecially in the Can- non of Berne^ the greateft and moft powerful of all, it is quite the Reverfe. For there the Gp- vcrnment is entirely Oligarchicaly confifting of 200 Perfons, chofen, or to be chofen, out of certain refpedbable Families : In the Choice of whom, the People have no Share whatever: Nei- ther have they the Liberty of the Prefs, — nor dare they meddle with State Affairs, without the utmoft Rifque and Danger. About 40 Years ago a Gentleman of the Pais du Vaud (a Province of Berne) attempted an Infurredtion, exactly on the fame Principles, on which you have lately re- nounced the Authority and Jurifdidtion of Great-Britain, He entered Laufanne^ the Ca- pital of the Pais du Faudy at the Head of 3000 Men. But in the Night his Troops were dif- perfed by the Forces of Berne •, and the next Morning he loft his Head. I fay, he attempted a Revolt exa^ly on the fame Principles which yoti now maintain. For as to any other Grievances, excepting thofe of not being reprefented> or of not having any Share in the LegiQature of their Couiitry, .rjh n . .. ■1^^-^ 'I' :■■'•■(' . V} . i','^ 'I wm A ,. ...t, :« Ml I t; Xll EPISTLE Country, the SubjeAs of Berne have no juit Complaint to make. They pay little or no Taxes : They have as much civil [tho' not pe- iitical] Liberty as any People need enjoy. They are likewifc extremely populous, for the Extent of Country •, and they are withal fo very rich, that it is no uncommon Thing for Peafants or Farmers in that Country, to be worth from four, to fix, or eight thoufand Pounds Sterling : A Circumftance this, which is not to be found in any other Part of Europe^ but in England, — Moreover, they manufacture a great deal of good, ftrong Linens; which, during the late War, were fent down the Rhine to Rotterdam, and from Rotterdam to the 27tgtifh Colonies in America, How this contraband Trade came to be carried on, fo much to our Detriment, dur- ing a Time, when we were bleeding at every Vein for your Sakes, you beft can explain. ''"'"- But waving all that : — Why did you mention thcfe People, whofe Cafe in every Refpeft makes fo ftrongly againft you ? and what Mo- tives could you have for quoting fuch Examples, where the Liberty is fo mwch abufed in the Popijh Cantons, and where it is not fufficiently enjoyed in the greateft of the Protejlant ones ? — For my Part, 1 can account for your Condud only on one Principle : And Time muft fhew, whether my Conjeftures are rightly founded. You certainly ^ntcnd to fet up yourfelves to be the refpedtive ' Heads a. *•. , t -^ . * A. DEDICATORY. xHi Heads of thefe Republics •, or rather you wifh to continue in the Pofts you now enjoy, and toforr tify yourfelves in them more and more. There- fore you know that a Time is coming, when you muft endeavour to extingiiifh that fierce Flame, which you are now raifing ; — when you muft ufe every Artifice, and ftrain every Nerve of Power to fubdue, per fas aut nefas^ that very Spirit, which you are now exciting even to Mad- nefs. A difficult Matter this ! and you will find it fo. However, I will allow, that one Wav to obtain this End, is to be ready with popular Examples, no Matter whether true or falfe, pa- rallel in Circumftances, or not ; — to be ready with them I fay, to cite, as Occafion fhall offer. You know like wife, that during the Height of the Phrenfy, the People never reafon, but be- lieve implicitly in their Leaders. Therefore, if you can make the good Americans believe, that in the Republics of Switzerland^ efpecially the Proteftant ones, the People enjoy a moft perfe(5t Syflem of Liberty -, and confequently that fuch Republics ought to be propofcd as Models for them to copy after ; then you think the Work is done. And indeed if thefe ihort-fighted Mortals fhall truft you with as much Power, as is necefTary for eftablifhing fuch Republics ia America^ you have little more to do. than to laugh at their Credulity :— A Circumftance this \ which ■;^]^! 1 i^'<.. '-,. : ,t XIV EPISTLE H-' ' v'^iJ 9R fesi^ IP' r^'r-n f' ■ " I .i ■ ,■ which is not uncommon with patriotic Pro- fejforsy and popular Orators^ both on your Side of the Atlantic^ and on ours. But Hill, you have a farther Ufe to make of the Swifs Cantons. You fay, " They live in *« the utmoft Peace and Concord one with ano- " ther : And are thereby enabled ever fince they «* vindicated their Freedom, to defy and defeat «' every Tyrant that has invaded them." Now it is not ftridly true, that they live in the utmoft Concord and Peace one with another. For they are almoft all jealous of the growing Power and Riches of the Canton of Bern •, and thefe Jea- loulies have fometimes broke out into a Kind of Civil War. It is very true. Religion was nor the Caufe of Commotions; but I need not tell you. Gentlemen, that Wars, and even Scalp- ing TVars may arife from Caufes, in which it cannot be fo much as pretended, that Religion had any Concern. And as to the Circumftancc that t\iQ Swifs have always been able to refift every Invader ; it is well known, that their principal Security of late Years, both againft foreign At- tacks and civil Difcords, has been the reciprocal Intereft, which all the great Powers of Europe have, that thefe little Governments Ihould re- main in Statu ^«;: II! , ♦ t u . 4 N *^ rit-^ iyi ^E P I S T L E that they would ever have proceeded to the fame Infults and Outrages, which diftinguKh your Revolt. At prefent however there is a very conHderable Commerce carried on between us and them ; fo chat there is hardly a Town of Note in Switzerland^ but abounds with Engli/h Manufadures, cfpecially thofe of the Birmingham and Toy-kind. Moreover, when our Agents come there for frefh Orders, or to collect in their Debts, they are neither tarred hot feathered^ nor otherwife ill-ufed in any Refpedt : — But have fpcedy Juftice done them, if they (hould find ic neceifary to appeal to the civil Magiftrate. And, Gentlemen, perhaps a Time is coming when even you, after you' have fcparated from us, [for you will never do it before ;] I fay, when even you will behave better, and more juftly tovvards us, than you now do : Nay, when you will be glad of, and thankful for that very Pro- teflion and Affiftance, which you now exclaim againft in Terms of Bitternefs and' Reproach. .But before that Period' can arrive, your new Republicsmuft neceffarily undergo many Shocks if not Revolutions. Nor is it at all improbable, but that during thefe Convulfions fome of you (the prefent Demagogues) will not be in the moft defireable Situations. Perhaps you will not find thofe Sweets and Profits, or even thofe Honours which you now expert. But as the prefent 5cene prcfents you with more flattering Ideas, I am content DEDICATORY. xvil content that you fliould defpife and laugh ac thefe Predidions, as the foolifti Reveries of an old Man. And indeed if you fhould, this will not be tl>e firft Time, that my Declarations con- cerning what would happea in America^ have been, or fhall be treated as an idle Dream. I foretold before the War broke out, that you would certainly fet up for an Independency, if we fhould be fo unfortunate, as todrivethe French from your back Settlements. The Event has ihewn that my Conje^ures were not fo kbfui d, and extravagant as then they were generally thought jco ht. However^ 1 did not then bow the Knee tb the Minifterial Baals ; but bore my Teftimohy agaihft thetr Proceedings, as far as I was able : Nor am 1 now more difpofed to do Obeifance to the Boats of Popularity, With thefe SentimcntSj, I have the l^pnour to be. Gentlemen^ \ ^ ^, ■-. Tour mtfli faithful Humbk Servant^ : Glocester, Jan. 20, I jy^. J vS'^'.t J. TUCKKRi ;u "^ , V , •' •'•^' * ""-■,vt:> \ ' ■/ B A^vertifemcftt^ Ife:- ^Jtl'l, v* Mr •■-.., >•■': r-'^ •M ■:fil:' ' . '■: •■'•. *i|' ' ^ Advertifement. , ., . -r ", i . » T" » • J T having been Jlgnijied to the Author , that\Gentlemen are defirous of complete- ing their Sets of, his American Tra^s, now eight in Number, he has reprinted this Fifth ^raStfor their Accommodation, In reJ^eSi to the Piece itfelf the judicious "Reader will readily perceive, that it was firjl publijhed fome Time ago, when the Congrefs had not gone all fhoje Lengths, to which they after" wards proceeded. But even then, they were fo evidently in the Road to tlie prefent Re- bellion, that none but the wilfully blind, could avoid feeifig the Point they had con" Jiantly in Ftew. *- "f. " 1 : ■ ' III ¥^ A - -■- : Jk jii/4.T-VL-^-&.r.Vi:^^'-vte5J*V^-*;^''jVKW£?- * J, J« - I ' , *1 ' > . -t ^' , « y • TRACT V. .( :i.>' .1 THE llelpeqive Pleas and Argument;} ••^^^- '^ '^-^-OF THE "^':'" '*■ •"■•' M O T H E fv COUNTRY, ''■■,) I'': '- ■ ■ ■. • • { V : AND or THg C b L O N I E S PISTINCTLY SET FORTH, See, iVERY Event fmce the Publica- tion of my Scheme for a total Separation from the Northern Co- lonies, has ferved to prove, that fuch a Meafure is the only eli- gible one for the Mother Country to purfue. Confcquently, however flartled People were at firft at the Novelty, and Boldnefs of the Propofition, yet, upon fecond Thoughts Ba ^^' gndi ■'I ■:/a.if^ \'.'.^X--i^k ".'■ >•, ! li- -- , i'. . . ^- . , •» .. * ^ *■ * ' • . ' • •, ;.' . i. / ..J «... .J SECTION I . i' .^ii!:.j.;^.i..7.-,;_, A ,V '■U i,f W PLEAS AND ARGUMENTS. I I ' t SECTION I. *' 'V''' !• ' ) . )■/ T^e Plea of Right of tht Parliament of Great-Britain to govern every Part of the Btitifh Empire. IN all Societies there mud be a dernier Re^ fort, and a Ne plus ultra of ruling Power. To fuppofe a Series of ruling Powers one above another, ad infinitum^ is to fuppofe as great an Abfurdity as can be conceived. Therefore we muft ftop fomewhere. Here in Great-Britain it is both the l^aw, and the Conftitution of the Realm, and the Voi(;e of Reafon, that we (hould flop at King, Lords, and Commons, when in Parliament affembled. Mr. Locke indeed feems to intimate, that the People, and not the Par- liament, are the dernier Refort of ruling Power^ And what he exprefTed rather faintly, his Dif- ciples fince, efpecially Dr. Priestly and the ^mcricansy have dared to affert with intempe- rate Zeal and great Vehemence, Bi^t, waving for the prefent all other Objections to this re- publican Plan, it cannot be fo much as pre- tended by the moft furious Zealof for popular Authority, that this is, or ever was, the ordinary Procedure, the regular and dated Coyrfe of Things. And no Man in his Senfcs will pre- tend tQ fay, that the Laws and Edicts of Par- liament ?LEAS AND ARGUMENTS. 23 Jiamenc arc not binding, 'till they have received the Sanation of fome patriotic Club, or popular Aflembly convened for that Purpofe : —Or that Taxes ought not to be Icv'icd, Uill the PcopU Jhall appear to be willing to p^y them!*. There- fore, the utnnoft which can be made of this Ap- peal to the People, is, that in defperate Cafes, and on fuch extraordinary Emergencies, as per- haps it is not prudent to prefuppofe, or is not in the Power of Mortals to forfee. Mankind are not bound by any certain, known, or general Law, but muft find out, and apply the beji Re- medy the Cafe will admit of. The wifeft and founded of us all may he deprived of his Senfes by a Phrenzy in a Moment : And whaf ma/ happen to one. may happen to many,— even to the whole Houfc of Commons,— nay, to both Houfes of Parliament,— to the Prince on the Throne,- and to all his Family :■— What then is :o be done in this fuppofeable Situation ? And would you be fo mad yourfelf, as ferioudy to propofe a Cure for thefe imaginary Madmen, by making a Law, or attempting to provide a Remedy for this, and fuch like poffibU Contin- gencies ? purely this is rather ^00 much even ';j'i Mr. Locke's Theory of Government will be examined ^t laree in reference to cheie Points, and all others con- fif^ed with them, in a Trad exprefsJy for that Pmp^iie* B4 for .:^.^'■^.'v.■^^ ■■ ;-^iiif:;L-.:. «.,-.i/*'".A:5.r,;/i-»f<.-*-.i-i.' :&«*.*>.■ .j*Aji!Li; ' If I. ill hi Ill/'' '■ '• ■ '' m' ■'?■;: t a^ PI^EAS AND ARGUMEiTTS.. fof '6Cli^ 'mbderh Hi^ of PoliticUrt^'i^pfenly to avow. And therefore the juft Conchifion is, that in a fettled and regular Government, the Parliament, confifling of King, Lords, and Comrr jns, is the dernier Refbrt of ruling Po^er. This is certainly the general Rule-, tho* like all others it may, and fometimes muft, admit of Exceptions in fuch very extraordinary CaikSf as perhaps neither ought, nor could be provided for. A Man, when he has got his Eftate accurately furveyed, and well mapped, thinks himfelf fufficiently fecure; — notwith- Ifanding it is (till a pofTible Cafe, that this Ef- ftate may be Ihaken. torn to Pieces, and fcat- tcred afunder by prodigious Earthquake^, or, Ibme fuch pretcr-natural ConvuKipns. Having therefore advanced thus far, we are ijow to confider, whether any Part of the wiucly difFufed Britijh Empire can be regularly ex- empted from the Authority and Jurifcjiftion of a Pairliament, confiding of a King, Lords, and Commons as above defcribed ? Or, in other "Words, whether that Province can be a Part of the Britijh Empire, which is not fubjedt to the Briii/k , LegiflatiojQ ? As to the King himfelf, there is no Doubt to be made, but that he may rule over other Realms or Provinces by different Titles^ as well as over us. The Princes of the Houfe of Stuart were Kings of Scot landhy one Title, and Kings of £//^/«7»i by another: Thcfe ' two FLEAS AND ARGUMENTS; 35, two Kiogdoms being altogether independent one of th^ other. King Wi wam likewiie w^ Sii^dholderof //(0//Wk KingG£o&G£ i& Elector of Hanover. Bwt wh^ is the Confequeoce of all thcfc Unions ? Plainly this, that neither tljcs, ScQtchi Tiqx i\\fi HoUandsrs^ nor the Hanoverians^ notwithilanding their being the Subje(5l;s of the fame Prince, were ever reputed to be Englifli^r men. For 'till A£ts of Parlianient were pafled in England^ for naturalizing the Scotch^ and fimi- l?r Laws ena^ed in Scotland for naturaliajirig the l^ngUJh^ the two Nations were as much Aliens and Foreigners to each other, as if they had been a thoufand Leagues afunder. Moreover, as to the Hollanders and Hanovenans^ they nei-. ther were, nor are, a Joj: the nearer to be invcfted with the Rights ap4 Privileges of Englijh Sub- jcftsj than if they had been fo many Fr^nchy or Spaniards, They are ftill Aliens, ftill incapa- ble of enjoying any one Privilege or Immunity, any one Dignity or Honour, any one Office, Place, or Preferment peculiar to the Subjects of the Briti/Ii Empire. ' l(h\s Reafoning is cer- tainly conclufive, if any Thing ever was : Nay more, it is Matter of Fact. . ' To Facts therefore we are now to appeal, for the remaining Part of this Argument. / : ' Of all the Pleas for Independence (if any T'art of the Briti/h Dominions had a Right to fct Vip fuch PfetenfiQns) the CJaims, which were fo artfully :.iii '.'■I'*i' m w. .I; 'Vli m' !3M ^ f . l*^ t 3 ?5> * '■A: *^*,'> '.Vl% |:l «5 PLEAS AND ARGUMENTS. artfully urged by the famous Mr. MoLiNEtnc ^another Difciple of Mr. Lock's) fjr the Inde- pendence of kelandy feemed the moil plaufible. And yet even thofe amounted to nothing, when .<^xamined to the Bottom. „ * ' Mr. MoLiNEux's firft Pretence was, that after l^e Conquejd of Ireland by Henry II. and after the peaceable Ceilion of it to. him by twenty petty Princes oi the Country ; the Conqueror engaged on his Part, to grant to his new Sub- jefts the Benefit of being governed by the fame Laws with his EngliJhS\}\^e6ks^ and of enjoying ^ dtftin^ Parliament of their own : ' 2dly^ That a few Years after this original Contra£^ he made a Transfer or Donation of his newly acquired Kingdom to his youngeft Son John, then a Youth about 1 2 Years of Age : that this Grant was made at Oxford^ during the fitting of a Parliament, without their being con- cerned in it as Parties thereto: Nay, that in Confequence of this Donation, the new Irifi King made divers Grants and Charters to his Jiegc Subjefts of Inland : 3dly. That during the Reign of the three EpWards, certain Lords, Knights, and Bur-* geffes were fent over from Irdand to reprcfcat [ ihat Kingdom in the Englifik Parliament. ' 4thly. That there are judicial Pleadings |IU1 upon Record, wherein it appears to have Lbcen dig Opinion of fomc of the Er^lifi Judges, -'■ ''■■»■- - >LEA§ AND ARti-trMENTS. if ^hat the Engli/h Laws are not obligatory on the Inhdbk^nts of Ireland, becaufe they have a Par- liament of their own. These Arguments have a fpecious Appear- ance at firft Sight. But let us examine theit Contents: ■"And I ft, as to the pretended Stipulation, of original Contraft between the Conqueror and the Conquered : Nothing can be gathered from what the Hiftorians have faid about it (for if there ever was any Inftrument of this Kind, it is now loft) — —I fay, nothing can b^ gathered from it more than this, that the King promifed to treat his new Subjefbs with great Lenity and Indulgence ; that he would govern them by the fame Laws by w'::ch his Englifli 3ubje£l5 were governed ; that both Nations ^ould be confidered as one People i— and that the Irijh ft^ould have a Parliament of their own, for the better Management of their own local, or provincial Concerns : —A Power which is granted in locality, tI>o' not by the cxprefs Name of a Parliament, to almoft every great Corporation within the King's Dominions: That is, a Power to make Laws for the better regulating their own Affairs, and for levying Taxes for particular Ufes ;~ but ftill fubordi- hate, ftill fubjeft to the Controul of the fu^ toremc Legiflature of the whole Empire. : ^ ' SjBCONDLt^ f * I 1;. ■;'■,! -1 ■k'iti ■;•■ 7f\ P 'Ml :■ m -:,■! i ■"¥: rrrw Hi' ' . <': at PLEAS AND ARGU^4^^ITl , Secondly, as to the Fadt of th^ King's cr^ ating his youngefl: Son, when only twelve Years of Age, King of Ireland^ it is obfervable, that neither Henry himfelf^ nor any of his Suc- ceflbrs, for fome hundreds of Years, appropriated to themfelves any higher Title than that of Lords of Ireland, It is therefore fonoewhat An- gular, that the very firft Lord of Ireland (hould afTume a Power of creating a Title fuperior to his own. And the bed Way of accounting for io whimfical a Conduct feems to be this : - In . thofe Gothic Times, when the refined Pleafures of Society were ill undcrftood, the Princes, and )the great Men were at Lofs for fuitable Diver- fions for the Entertainment of their Guefts at the three great Feftivals of Chrffimas, Eafier, and Whitfuntide, Sometimes they had Recourfe . jto Tilts and Tournaments j at other Times to gaudy Proceffions, fome of them folemn and religious, and others very ludicrous. But what feemed to be the mod pleafing of all both in England and in France^ becaufe the molt pompous, and in which likewife all the great Families of both Kingdoms bore principal Parts or Charadlers, were Coronations. Thefe therefore were frequently repeated by every Monarch at their great Feftivals, and at the Meetings of their Parliaments. And H^nry liimfelf, who affedted fuch Raree- Shews as little ^ as apv one, was crowned according to Rapin, •' three |uTH'':'*ii?? ■ z-;^ . ■ r ^ ^ • PLEAS AND ARGUMENTS. 29^ ' three feveral Time's. N'ay, 'lie caufed his elded Son, and then Heir apparent, Prince Henry, to be crowned twice King of England, during his own Life TinriCi but was far, very far, from imagining, that he had dethroned himfelf by that Means, or even leffencd his own Autho- rity : - Much lefs can it be fuppofed, that when "he entertained his Court and Parliament at Ox- ford with the merry Coronation of a mere Boy^ Jbe refigned the newly-conquered Kingdom of Jutland into the Hands of this raw unexperi- enced Youth ;- or indeed that he conftitured any . other Perfons to be Truftees or Guardians for hii?ft, 'till he (hould come of Age. Nay, the contrary is fo very apparent, that we know from -^^Jliftory,.— not only that King Richard-, Suc- ceiTor to King Henry, paid no Manner of Re- gard ta this imaginary Donation,— but alfo th^f Henry himfeif nick named this very titular King of Ireland^ John Lackland : An Appel- lation, which could not have been given him with any Propriety, had he created him abfo- hitcly and truly the Sovereign of a great Terri- tory, and made him independent of himfelf. All therefore that can poITibly be inferred from, vfuch a Ceremony, amounts to no more than this : That John was thereby conftituted Vice- Roy, or Lord Lieutenant of Ireland 5 and that, when he went to refide'there, he was to a6t ii> thae m '■kM ■ill' lilfei m\ < ■'. 11 .„; .•-,:.?,-* tt-y ' ^ PLEAS AND ARGUMENTS- that Capacity. Hence therefore the Circum- llance of his granting Charters ;*— which indeed all Lord Lieutenants have a Power to do, and which every great Baron in England did former- ly ; which John himfelf likewife did to the City of Briflol, as Earl of Morbton.— But furely the City of Briftol was never yet thought to be exempt flom parliamentary Authority ajid Jurildidion. ; -^^ ---rvh ^rfh* ^^Z'- 3dly. As to the Ciicumftance of Lords and Commons being fent over from Ireland^ to fit and vote in the EngHfli Parliament :— This xnight be urged as a very good Argument a- gainft the Independence of the Irijh Parliament} bccaufe it is an irrefragable Proof, that an in- dependent Parliament did not then exift in Ireland', — and it might alfo ferve to evince the Expediency of an Union with that Kingdom, now at a Time when the Roads are fo much better, and the Paffages by Se^ fo much eafier, fafcr, and more regular than in former Times : But it can prorc nothing clfe with any Proba- bility, or Shew of Reafon. For tjie Fad is, tliat whether there were Deputies frnt over from Ireland to reprcfent the Irifli Nation or not, the Mvgii/h Pari lament made Laws to biqd thatKing- dom both, before they came,— at the Time of their coming,— and after they ceafcd to comej that is, for the Space of upwards of 600 Years, , . ; .y ■■t):..i ^;^ '.■:.■ ....- . .'w. Lastly,' PLEAS AND ARGUMENTS. 3f LastlVji in Regard to fomc Pleadings in our t)wn Courts of Judicature in Favour of the In-' dependence of Ireland i" thcte never was any formal Decifion of this Nature, but only fomc Doubts darted on particular Occafions, and re- fpe6ling particular Circumftances. Nay» fup- pofihg even that there had been fuch Deci- fions^ ao Engltjh Parliament would hardly have thought, that their fupreme Authority and Ju* rifdidion were to be limited, or circumfcribed in any Refpeft by the Decifion of the Courts below. Therefore, to return to the maki Point :— The Fa6t, the indifputable Faft, is, that ever fince the /ri>^ have enjoyed the Privilege of being regarded, — not as Aliens and Foreigners (fuch as SceUJmen formerly, Dutchmen of later Yeirs, and Hanoverians at prefent) — but as na- tural-born Engli/h Subje6ls,-~the Englifti Laws and Courts of Judicature have neceflarily been paramount over the Irtjh. The Decrees of the KingVBench in Ireland are fubjeft to the Re- vifion of the King's- Bench in England: — And as to the Upper Houfe of Parliament in Ireland^ the Lords have no Judicature at all ; but all Appeals, and all Caufes proper to be tried be- fore a Houle of Lords, muft be tried in Eng- land, Nay, the very King of Ireland is no .other, than that Prince, whom the Engltjh^^- ^on ihall firfl appoint to rule Over them. This ::|t • ' > V, Iti.,.,/ I '■ ^ ;t: i'J Hit l'{ • t it' ■ ... .:•'■ .,"11) :^^l V ., If ; , ■>. < \i,m 31 PLEAS AND ARCtlMENTTS. If ivas always the Cafe in every Conteft about the Englijh Throne: For the Moment a Prince was acknowledged to be King of England^ he became, ipfo faSio^ King of Ir elands without any further Ceremony, Elcdion, or Coronation. This therefore was particularly the Cafe at the Revolution : At which Period the Difitrencc between Ireland^ and Scotland, was very rehiark- able ; inafmuch as the Englijh Parliament did not pretend to nominate a King and Queen for Scetlandi though they did for Ireland in the Perfons of the Prince and Princefs of Orange. And the fame Cafe occurred again at the Ac- ceflion of the prefent Royal Family ; when the Irifli Parliament never prefumed to pafs any Ad either of Settlement, or of Recognition of the Title of the prefent reigning Houfe. And yet it would have been, nay, it adually was High-Treafon in a Native of Ireland to have re- fufcd the Acknowledgment of the Title of the Houfe of H^/Z^'y^r ;— notwithftanding he might have pleaded, according to Mr. Lock's Princi- ples, that the Irifh Parliament had neither eledb- cd, nor recognized the Eledion of that Houfe. Next to the Appointment of a Sovereign to rule over a Country, is the Power of raifing Taxes on the Inhabitants. And this alfo has been ex- ercifed (tho' very fparingly) by the Englijh Par- liament over Ireland, — The Truth is, this itfelf is an extraordinary Power, which never ought to PL£AS AND ARGUMENTS. 33 tb be cxcrcifcd, but in fuch extraordinary Cafes, afs require the Intcrpofition of the fupreme Le- giflature, for the Good and Intereft of the whole. Ill all common Ca^s, the local or provincial Parliament or Aflembly ought to be allowed to judge for itfelf, and to provide Supplies for its own Wants. Now the particular Cafe here referred to, in which the general Intereft of the Empire was concerned, was that ot the Poftage <>f Letters; whereby Provifion was made for opening Communications, and carrying on Cor- refpondencies with every Part of the widely-ex- tended Briti/h Dominions-, and therefore an A6t was pafled in the Britijh Parliament (after the Union with Scotland) for this moft important Purpofe. [See the 9th of Queen Ann, Cap. 10.] Now, this general Aft is the very Law, which efl:abli(hes and regulates all the Poft- Offices tre6ted, or to be erc<5bed, as well in Ireland and Jmerka^ as in Great-Britain \ — which afcertains to this very Day, the Rates due and payable for the Poftage of Letters ; and fubjefts every Contravenor or Oppofer,'both in Ireland and in America^ to the fame heavy Fines and Penalties, which arc to be levied on Offenders in Great- Britain. 1 **' Si" I ■»' h \^):''i ^ e:"«-*vnW* J.^- Lastly, as Mr. Molinexix's Book, in Fa- vour of the Independence of Ireland^ had un- fcttlcd People's Minds, and created much Dif- tiirbance,- -the Parliament of Gteat-Britain C thought •("•■'i- .!•! 1 ■..Ill' ■■'y % -!:£h. ,M . ..-,* 1 . 1 ■ ' ' ' J* PLEAS AND ARGUMENTS. CC c« (( thought it neccfTary to be very explicit on the Point, and to aiTcrt their fovcrcign Rights iit the ftrongeft Terms, viz. — " Be it declared by •* the King's mod excellent Majcfty, by and with *' &c. &c. that the faid Kingdom of Ireland •* hath been,, is, and of Right ought to be, fub- *' orainace unto, and dependent upon, the impe- ** rial Crown of (7r^^/-5rr/4/«, as being infepara- *' bly united and annexed thereunto. And that ** the King's Majefty, by and with the Advice *' and Confent of the Lords fpiritual and tempo- " ral, and Commons of Great^Britain in Parlia- " ment afTembled, hath, had, and of Right ought to have, full Power and Authority to make Laws and Statutes of fufficient Force and Validity to bind the People and Kingdom of Ireland, " And be it further declared and enabled by ** the Authority afurefaid, that the Houie of *' Lords of Ireland have not, nor of Right *' ought to have, any Jurifdiflion to judge of, *' aiffirm, or reverfe any Judgment, Senter.ce, " or Decree, given or made in any Court *' withiu the faid Kingdom : And that all Pro- " ceedings before the faid Houfe of Lords upon ^' any Judgment, Sentence, or Decree are, and " are hereby declared to be, utterly null and *' void to all Intents and Purpofes whatfoever." [See 6 of G. i. Cap. 5.] This DifTcrtarion relative to the Plea for the Independence of Ireland^ it muft be owned^ I ■ 1 1/ -.J >• nas, ' :.,'J';M J ' ■ .J i>r4 ^>i'*''?V*.-.. •j • V '.A \ ^/ •' \ !' : J /, (^ :/r h r /. 'f . I q ,.. PLEAS AND ARGUMENTS. 35 fias rather been a long one : But furely it can- not be eftccmcd a Digreinon ; for I defy the warmeft, and the ablell Advocate, that ever appeared for North America^ to produce any Arguments half fo piaufible for the Indepen- dence of the Colonics, as thofc which Mr. Mo* LiNEux had formerly adduced tor the Indepen- dence of Ireland \ which yet, I hope, have received a thorough Confutation. In fliort, be- gin where you will, and you will And, that the North- American legal and hijlorical Plea is in- finitely inferior to the Irijh. There never was any Stipulation entered into between the Con- querors and the Conquered in North America: — Never any pretended Transfer of the Sove- reignty of the Country to other Hands:— Never any Charters given, which even did pretend to exempt the Colonies from the LegiQature of the Briti/h Empire: — Bur, on the contrary, th(i very Charter of Pen/tlvania^ where the Congrefi was Jo lately held^ declared and maintained the Parliament's Right of Taxation in exprefs Terms. Moreover, there were never any Lands feized or pofTefled by the firft Settlers or Ad- venturers on any other Conditions, or in Con- fcquencc of any other Deed, Grant, or Title, than thofe which explicitly acknowledged the Supremacy of the Englijh Crown. And laftly, there is not one Inftance to be produced of {^ much as a Doubt in any of our Courts of Judi- C 2 cature 't^ I: :V[ < '"iV'^ 'n\ 'I- i- vu lit 36 PLEAS AND ARGUMENTS. caturc, that America was not bound by EngUJft Afts of Parliament i- provided ^hole Adts re- lated to, and particularly mentioned, the i^lan- tations, or Colonies of America, On the con- trary, as foon as ever it was perceived, that the Seeds of Difobedience were beginning tofprout up in America^ Laws were made from Time to Time to weed them out, and to maintain the Au- thority and Jurifdidion of the Parent-State. This may be traced from fo early a Period as the Reign of King William, when the Colo- nies were hardly emerged from their Infant- State i yet as fome Symptoms of a rebellious Difpofition began even then to appear, an ex- prefs Law was made to deftroy every Pretence, and to obviate every future Subterfuge, which could pofTibly be invented, for afferting the In- dependence of the Colonies. And as this fa- mous Law was made, — not in thefe vile degene- rate Times, when (according to modern Phrafc) our Liberties lie bleeding, and all our Fran- chifcs are at their !aft Gafp,— but in the patriotic Days of our glorious Defender King William; and as this Ad: of Parliament is the moft effec- tual, and legd Cjnfutation of the wild Pretcn- fions, and exorbitant Claims of the prefent Con- grefs, that can be imagined, — inafmuch as it was made above 70 Years before thefe Repub- lican Meetings were in being \ — I Ihall there- fore, quote it once more, tho' 1 have mentioned •uv*. r. • i.'V,A It W ^'' it ' * , :>.-<■!. .•■<-'j'\,' PLEAS AND ARGUMET^TS. 37 tc C( It twice already in the preceding Trafts. ** Be *** it further cnadcd, and declared by the Au- thority aforefaid, that all Laws, Bye-Laws, Ufagts or Cuftoms at this Time, or which ** HEREAJTER (hall bc in Practice, or endea- " vouFcd, or pretended to be in Force or Prac- ''tice in any of the faid i lantations, which are *•- in any wife repugnant to the bcfore-menti- ** oned Laws, or any of them, fo far as they *' do relate to the faid Plantations, or any of " them, or which are any wife repugnant to this " prcfent A61, or to any other Law here* " AFTER TO BE MADE IN THIS KiNGDOM, fo «' far as fuch Law fhall relate to and mention '* the faid Plantations, are illegal, null, and " void to all Intents and Purposes what- « SOEVER." — [See 7. and 8. of William III, Cap. 7. § 9.] Now, as this Statute of William the Third evidently undertakes to juftify the Conftitutional Right of Parliamcm to make Laws to bind the Colonies i—it neceflarily follows, that, if the late Stamp- Adt, and every other Adt of George the Third now complained of, were really and truly no better than Ufurpations^ this original Law, which pretended to authorize them, ought to have borne the greateft Blame :- -And then the American Grievances will be found to be of much older Date than the Americans them- ielvcs, for certain Reafons, arc willing to ac- C 3 knowledge. ■••''!,1 ,'V't. >;,-...-"9«^-. .■.*:'. ..Jjf 3^' " .^S't^'-J^i^jMirl' ^'i-tf '--li'i-iiii ti .'.■■;'.'■,: ;:''i> I . • I i ->.: r,^.; til jg PLEAS AND ARGUMENTS. knowledge. For, in Fad, if the heavy Charge of Ufurpatioft, now brought againft the Mother Country, is well founded -, King William and his Parliament were the prior Uiurpers, and the grcateft Invaders of the Colony-Rights: So that the worft, which can be faid againft the prt'fent Legiflature, with any Colour of Reafon, or Shew of Truths is only this : — That in mak- ing the Staprip and other A£ts of the preferit Reign, they too implicitly followed the bad Example which had been fet before them. But if, die Charge was not brought againft King William and his Parliament for what they did; it ^s impofllble that it could be brought, voith any Conjiftence, againft the prefent Govern- ment, who have done nothing more, than tread in their Steps, and following their Decifion. ' J However, we will readily allow, that bad Laws may be made by rightful Governors, as \ip]^ AS by Ufurpcrs. And therefore another Qiieftion comes here to be difcuflcd, viz. Were thole Colony Laws, lately made by our Parliafnent, — were they, 1 fay, good or bad in their own Nature ?— And particularly it may be alked regarding the * Stamp A&. (as being a :, rr u-''^ .■ ' . ■ ' ■■ ^•■•-- -'■• ' ..■.ii- ^ ■- ■-' Kind ii'l It .<•■ * I particularly mentioned the Stamp-A6l, as being the apparent, ot pretended Caufe of all th^ prefent Difturbances. But no Man living can be To ftupid, as to believe, that it wa»' ii' ' '^ PLEAS AND ARGUMENTS. 39 Kind of Touchftone for all the reft) was it fuch as deferved to be branded with the Epithets of €ruel^ tyrannical^ and oppre£ive^ had it been made by thofe LegiQators, who had the Right and juft Power of making Laws for the Colo- nies? . Now to anfwer thefe Queftions, we will here briefly remark, that this Tax had every Quality belonging to it, which could have denominated it nafonable and unexceptionahk, refpedting either the Sum or ^antum to be raifed, or the iWi?i^ of raifing it, or the Ufes to which it was to be applied. And firft as to the ^atitum^ The Sum in- tended to be raifed, was only a Part, and afmall Part too, of the very fame Tax, which we had begun to lay on ourfelves, and then had greatly augmented for the Benefit and Protection of thefe very Colonies. — So that in this Inftance, at lead, there could have been n6 Pretence for was the true one. The real and true Caufe was the driving of the French ^tom Canada ; and the other was only the Oc- €afi^n. Had the /'rMr/* Government ftill fubfifted in that Country there would have been no Congrefles afTembled in our Colonics to difpute the Rights and Authority of Great Britain,, But when the Color^ies became in {^6^ independent ^ through our Means, it was idle to expedl, that they would lung want an Opportunity of declaring their Independence : And tho' the Stamp AiX had never exifted, it would have been eafy to have found «)ut feme other Pretence, to have anfwered the fame end. For when people are ripe and pre- dijpf>fed\ any Thing and every Thing will the« ftrve for a Prctfi^t tu do ih^t, 'which thev have a- Mind to do, "'"^ C'4 thofe 1' ' "> ll '11 . I 1'- ¥ I I .1 jSfc^ii- IS. vsSij 'iJiXs \ \ 1 1 * : 1 ;.ft ilii. •fT 7 -,■»"'. .■r''V-"' e:M^ m\. ' 'fM i'- 46 PLEAS AND ARGUMENT$. thofe Clamours, fo induftrioufly propagated Ijjr the Americans abroad, and the Mock- Patriots ac home, that the Parliament had laid Taxes on the Colonics, in which the Inhabitants of Greaf- Bri- tain bore no Part : For the latter not only bore a much greater Proportion of the fame Tax than the Colonies ; but alio fubmitted to fcve- ral Augmentations of it for the Defence and Protedion of America, i ,. And 2dly, as to the Mode of raifing this Tax : Were all poffible Modes to be examined* and compared together, this of a Stamp-Duty appears to be one of the beft and mofl unexcep- tionable, which the wit of Man can devife •, in- afmuch as it approaches to a voluntary Tsx much nearer than any other. In fad, it neither op- preffes the Poor, nor impoverilhes the Rich ; it multiplies Officers or Colledors the leaft of any : It caufes 1510 forceable Entries into Peo- ple's Houfes : Nor is there any Need of ufing Violence in collecting it : And in (hort, it doth not endanger Liberty, nor render Property le(s fecure than they would otherwife have been, ih any RefpeA whatever. Nay, fo far from it, that in the Courfe of its Operation, it often de- tefts Forgery and Impofture, and by that Means becomes the Guardian of Simplicity^ Honefty, and Fair-dealing. Lastly, as to the intended Application of this Tax j- the Sums arifing from it were 1 * ' - iblely 'a\ . n 'i-5''" ''>■ -''-i '-^ ^■^' -- ''■-' ,'» SECTION N PLEAS AND AI^GUMENTS- 43 »»•*»■*••■■ fi E C T I O N ii ,;..l:r »«• 1' Mj.' <, -.s ,/:Uii;: i'UiH 5"^^^ P/f r'.TT •^ - - IN QTcJer to av:oi4 every Appparagce of JPar- tiality in this Cafe, I will ftatc th^:^mmcan plea in the very Words of the 4^erii:'m I ; *;*, 'li ! ^1 f44. 'PLEAS AND ARGUMENt^. thefc Colonics, taking into their moft fcrioiis Confiderktion the belt Means of attaining the Ends aforefaid, do in the firil Place, as Englifli- men their Anceftors, in like Cafes, have ufually done, for aflerting and vindicating their Rights and Liberties, declare, ■ That the Inhabitants of the Enili/hCo\o- nies in N^rth-Americd^ by the immutable Laws of Nature^ the Principles of the £»f//)^ Cbnftitu- tion, and the feveral Charters or Conjpafts, have the following Rights '" ^ "''' ' *' Rejolvedy nem, con. That they are enti- tled to Life, Liberty, and Property : And that they have never ceded to any fovereign Power whatever, a Right to difpofe of either without their Confcnt. • ** Refolved^ nem, con* 2. That our Anceftors, who firft fettled thefe Colonies, were at the Time of their Emigration from the Mother Country, entitled to all the Rights, Liberties, and Im- munities of free and natural born Subjeds with- in the Realm of £irf/tf»i. " Refolvedy nem, con, 3. That by fuch Emi^ gration they by no Means forfeited, furrendered, or loft any of thofe Rights, but that they were, and their Defcendants now are, entitled to the Exercifc and Enjoyment of all fuch of them as their local, and other Circumftances enable them |o exercifc and enjoy^ , , r ? j:^ "y '•''.(> ' ^ Refolved^ PLEAS AND ARGUMENTS, 4J ** Refohed^ 4. That the Foundation oS Eng- iijh Liberty, and of all free Govern met, is 4 Right in the People to participate in their Legifia-r, iive Council: And as the Englijh Colontfts are not. reprefentedf mid from < ^ eir local and ether Circurn^ Jiames cannot properly he reprefented in the Britj/k Parliament ^ they are entitled to a free and exclufive Power of Legiflation, in their feveral provincial LcgiflatuTcs, where their Right of Rcprefenta- lion can alone be prefervcd, in all Cafes of Tax-. ation and internal Polity, fubjed only to the Negative of their Sovereign, in fuch Manner as has been heretofore ufed and accuftomed : But FROM THE Necessity of the Case, and a Rb-, CARD TO THE MUTUAL INTERESTS OF BOTH Countries, we chearfully consent to the Ope- ration of fuch A6ls of the Britijh Parliament, as are bona fide reftrained to the Regulation of our external Commerce, for the Purpofe of fe- curingthe commercial Advantages of the whole Empire to the Mother Country, and the com- mercial Benefits of its refpetftivc Members, eX"' eluding every Idea of Taxation internal or external, for raijing a Revenue on the SubjeSis in Ameria^^ WITHOUT THEIR CONSENT. * '* '" ' ' " Refolved^ nem. con. 5. That the refpe£live Colonies are entitled to the common Law of England^ and more cfpccially to the great and ineftimablc Privilege of their being tried by the Peers of the Vicinage, according to the Courfe ofthatL?*w. ^ Refclved, m'' ^i-1 1. •i: ■ I f 1;?-M I ; m wW^ if: El' ^^j^^ ^^■'. ri W ■ i i^H ? ^ ' w9 f*"' (■> , j|i •• ' .' '^B r' ''9 m •' « Refohedy 6. That they are entitled to the Benefit of fuch of the Engli/h Statutes, ^ exlft- ed at the Time of their Colonization; i^n4 which they have, by Experience, refpe^iyely fovind to be applicable to their fever^l. Ibcal, and other Circumftahces. ^^ „ .^^^a^.,^^,^ ^^^^ /.«!^^.a^i;i • *' Refolvedy nem, con. j. That thefe, his Ma- jefty's Colonies, are likewife entitled to all the Immunities and Privileges granted and confirmed to them by royal Charters, or fecured by their Icveral Codes of provincial Laws. *' Refolvedy nem. con. 8. That they have a Eight peaceably to aflemble, confidcr of their Grievances, and petition the King ; and that all ftofecutions, prohibitory Proclamations, and Commitments for the fame, are illegal* ^ ;^ ' *« Refolvedy nem. con. 9. That the keeping a ftanding Army in thefe Colonies^ in Times of Peace, without the Confent of the Legiflaturc of that Colony in which fuch Army is kept, is againtl Law... ]. ., ,^ : ,^^:.,. ,,v in ■-u:v^i-\i^->'s^Mii '' kefdvedy nem. con. 10. It is indifpenfably neceflary to good Government, and rendered eflcnr.ial by the Englifli Conftitution, that the conllitucnt Branches of the Legiflature be indc- pendenn of each other ; that, therefore the Ex- crcife of legiflative Power in the feveral Colonies, by a Council appointed, during Pleafure, by the Crown, is unconftitutional, dangerous, and de- ftrudive .to the Freedom of American Legifla- tion. ' * ^ " All PLEAS AND ARGUMENTS, 47 <* All and each of >vhicb, the aforefaid De- puties in Behalf cf thetnfelves, and their Conft!- tuents, do claim, demand, and infidon, as their indubitable Rights and Liberties ; which caiinot be legally taken from them, altered, or abridged by any Power whatever, without their own Ccm^ fent^ by their Reprefentatives in thar fevetid fro^^ liincial Lenflatwrei** \ ^, . .\ ..v,;. ,»♦ , I If, , M » 'K\i ■'U:c ; V" f' ! ^ .4 > ( i ., « . T', |; 1./ , k . > . «. -.- 1 M .f *. :, ' 'r^'S '■t'flt^f-' 1 • : 1 .-^ ■ > ,«, ., , . fit VT :u K -« 'i ^•^ • \ ' ••\-" I'.ff ;^'f.< 7 *»■• ' f h::'! m 1 M i <. -.^^ti '■'*■ .. J I *■"!!!(.'■>• j- #;:!. rl J,! I ;:i ri 4>V' '.(... r 'f ^- SECTION ■l^ '■\'i -C*' ■■'■'■ m:. i{i , up iS I^LEAS AND AfeCt/MEt^tg. *r- S E C T I O N III;^^ ■.■^" 1 !". Ti^tf refpe5five Fleas of the Parent State^ ' and of the Colonies examined^ and com^ fared together : And the Impojfibility of ' their making any mutual Concejions^ con* fjiently ivith their refpeStive Claimi^ proved and demonjlrated. ., j /'>t.«\ ,* \\vi. THE firft Thing oblerveable in this Contro- verfy is, that there is no common Prin- ciple to reft upon, no common Medium to ap- peal to. The Colonifts reafon principally from what they apprehend ought originally to be the Cafe, — to what in future fliall, or muft be:— And the Mother Country from what adually was,— to what Hill ought to be. Or in othef "Wordsj the Parent-State grounds her prefent Claim of Authority and Jurifdidlion over the Colonies on Fads and Precedents, and on what was a€lually the State of Things at the firft Settlement of thefe Colonies, and during the >vhole Courfe of their Growth and Progrefs ever rince,---adding withal, that in every State or Commonwealth aniient or modern, legal Protc6lion neccflarily infers the Duty of legal Obedience, and that there muft be in every Government a dernier Refort, and a Neplus ultra of ruling .'ower. On the other Hand, the Co- lonifts, who are all the Difciplesof Mr. Lock, ' '" - have t»LEAS AND ARGUMENTS. % ■ have Rccourfe to what they call immutable *Truths^"-ihe abflrad Rcafoning, and eternal FicnefTes of Things,— and in (hort to fuch Rights of human Nature, which they fuppofe to be ali- enable and indefeafible. Former Laws and * Pre- ccd•' t' j t IjtPlV 50 PLEAS AND ARGUMENTS. every Charter granted f )lely by the King, muft,. in the very Nature ot'l'hings, be fubordinate to the fuprcme Legiflature botli of King and Par- liament.] But thcfe Claims, pretended, to be derived from Charters, are quoted only by the bye, as a Kind of fupernumcrary Proof, and as a Sort of analogical Reafoning, fit only for thofe,. whole weak Minds cannot digeft Arguments of a fuperior Strength and Quality. HisNCE therefore it is plain and evident, that there can be no Grounds for a Com prom ifc of DifFfcrcnces between thefe two contending Par- ties i for they hold nothing in common to Hand upon : So that either Side mud maintain the whole of its Claim, or wholly recede from it. " You are either Subjects, or not Subjeds, fays " the Englijhman to the American \ for there is- *' no Medium between Dependence and Ind( ** pendence." We are not fubje^ to the Eng- li(h Government in any Refpe^^ againfi our own' free Choice^ and voluntary Confent^ fays the Ame- rican : And you are Ufurpers in every Attempt yoic make to deprive $is of this innate^, inherent ^ and unalienable Liberty: — Therefore, fays- the im- partial Bye-Stander, if there be no Medium between- Dependence and Independence, be- tween Ulurpation and a lawful Authority, it neceflarily follows, that your Differences can never be reconciled, or adjufted.— And you will have no other Choice, but either to quarrel perpetually,— ,or to feparate peaceably. But,; te,' :■!.;■' ■ti-, m ^' it '•■ ■••'', -v,* 4 '« 52 PLEAS AND ARGUMENTS. foolilh and prcpofterous, null and void. Nay, *thc utmoft which can be cxpeftcd from them, according to this Hypothefis, is what they de- clare in their 4th Refolve, Page 35, they are ready to do, viz. *' That from the Nectffity of the *' Cafe^ and a Regard to the mutual Interefts of " both Countries, they will cheerfully consent *' to the Operation of fuch Afts of Parliament, *• ai, are bona fide reftrained to the Regulation of ** their external Commerce **^ So that here you plainly fee, they ftill maintain their Right, and the Interpretation of that Right *,— only con- fenting to fufpend the Exercife of it for the pre- fent,— on Condition neverthelefs, that fuch an XJfe ihall be made of this Conceffion as they (halt approve of. In ihort, it is evident according to their Ideas, that were you to allow them the fole Right of taxing themfelvcs, you would grant them — Nothing: Nothing, but what they had a prior, and even an indefeasible Right to enjoy, whether you granted it them or not ; but which you had from the Begin- ning very injurioufly attempted to rob them of. "Whereas, were they to allow you the Privilege of making Ads to regulate their Commerce ei- ther by Land or Sea^ they would thereby grant; you a Favour, to which of yourfeWes you had not the leaft Claim or Pretention. And confequently as this Permiflion wuuld always remain a mere Adt of Grace and Favour on their Part, there . would likc\yife always exift an unalienable Right ox •t PLEAS AND ARGUMENTS. .53 of limiting, circumfcribing, and of interprepng it, in what Manner they thought proper-, and at laft of totally withdrawing it, when they believed it to be abufed, or perverted to their Prejudice. * Moreover., gdly* Granting even that Great- Prifam was fo ill advifed, as to enter into a Con)pa6l with the Colonics, on thefc diftionour- abje and difadvantageous Terms ; granting, I lay, that we trufted to a Treaty, which the y^me- ricans themfelves declare aforehand to be bind- ing only during Will and Pleafure j and which cannot poflibly bind their Pofterity,~ftill it is . to be enquired, what EiFefts would thisfeeming Comproniife have upon the Colonies ? Would it reftpTC Peace ? Would it produce a cordial Reconciliation ? No, by no Means. I affert this with the lefs Hefitatiop, b^caufe I have proved already [fe^ Page 15 1 — 157 of Traft IV.J and can prove ftill more abundantly, that the A6t; of Navigation of Charles II. and every other ancien^: Law for reftraining, and monopo- lizing the Commerce of the Plantations, never did produce thofe d^fireable EfFetls of Harmo- ny and Unanimity, which are now confidently afcribed to them. On the contrary, the real Faft was, and it is naiiiral it flwuld he fo^ that thefe co- ercive Laws were always regarded, as the ii':ver- failing Source of Difcord and Difliention between the two Countries. Indeed the Truth, the un- deniable Truth is, that the Colonies engaged, ifom the very firft Period of their Exiftencc. \n D3 ^^ i-ti 'vf i' rwi ..1.1- vi;-j r'^ ■:!. . • I : i\ \A ■*'l'Tv [B •> M ■ j.i'.- r;54 PLEAS AND ARGUMENTS. all Sorts of contraband Trades, wliich they 'could pradliie with Impunity, or which they could carry on with any Profpeft of Profit. And it is aftonifhing, that any of their Advo- Catesjcfpecially thofe oi ^ifacredChara^ry fhoujd be fo far mifled themfelves (for we dare not fuppofe, that they would willingly and dcfign- cdly miflead others) I fay, it is really aftonifliing, that they could be ib ignorant of thcfe notorious 'Fadts, as even to infinuatc the contrary. • But •fince it has ^o happened, we mull now oblerve once for all, that it appears from the very Sta- tutes of the Realm, that the Colonifts never made it a Scruple of Conffciencc to import from prohibited Places, and to export to them any Article of Commerce, which they thougfrt they could either buy, or fell to Advantage. Hence therefore mutual Complaints aroje from the very Beginning ; thefe encreafed and multiplied tytry Day, in Proportion as the Trade extended. And at laft the Colonifts not only eluded the Vigilance, but frequently outbraved the legal Power of the Mother-Country. This made it neceflary for the Englijk Legiflature to en^iSt new Laws from Time to Time in order to strengthen and enforce the old ones, and to pre- vent the Increafe of thefe Evils as much as poffible. And it is very oblervable, that there Is one general Principle, which runs throughout all thefe Laws, and diffufes anc? expands itfelf inore and more, according to the Exigencies of the *.•■•"' W'"' .t» r PLEAS AND ARGUMENTS. SS the Cafe, viz. ^haf a Jury of American Smug' glers was not to be trufted in the Condemnation pf d Brother -Smuggler, Hence therefore every new Law cncreafed, and extended the Power of mak- ing an Option^ gra. ;d to the Revenue-Officers, of profecuting the Offenders either in England^ or in Ireland^ — or in the Courts of Admiralty in the Plantations,— or indeed by a Jury in any- other Plantation, if fufHciently diftant from the Spot, where the Fa£t was committed. So that, in Ihort, the difmal Outcry now raifed by the Congrefs, of having the Rights of Englijkmen taken from them, viz. the Right of being tried by a Jury of the Vicinage^—^is if it was the mo- dern Invention of a profligate Minillry, and' a corrupt Parliament, — is a Grievance, if it be a Grievance, of upwards of an hundred Years STANDING, [fee particularly 22d and 23d of C. II. Cap. 26. § 12 and 13.— alfo, 25th of C. II. Cap. 7.— and 7th and 8th of Wm. III. Cap. 7, §. 7.] Now, if the Americans were th ^ardy in their Duty towards their Mother Country, ('uring their Infant-State, and before they had learnt even to lifp the high-founding .Words, immutahk haws of Nature^ — unalienable Right s^ — and felf- evident Propofitions, — what are we to exped at prefent, when they have added all the Principles of Refiftance and Revolt to their former difobe- dient PraSlices ; — and when they are become, even through Motives of Confcience, the deter- mined H i: 'J t^ .¥"4 i:.- I #1 '1 ) i il i^-^'^r : ,: S ■ , ■, ,v V ■ 1 Pif,-C''l» I'' i Li hi ^ PLEAS AND AltGUlVftNtS. mined Enemies of the Authority and Jurifdic* tibn of Great-Britain F'"! a(k therefore, Gan any Mortal be fo Itupid, as to believe, that an Jm&ican Jury will, for the futui'e, be more fa- irourable to the Englifh Pica of an exclufive Right to, and a Monopoly of their Commerce, than their Juries were in former Times ?— And iifrhat a Farce would it be, to attempt to bring fuch a Caufc as this before an ^merican^udic^^ ture, according to the Sentiments and riotions they have now imbibed ? — In fuch a Cafe, it is much more probable, that they would find a Bill of Indicltment againft the OiHcer for feizing thefe Goods, than againft the Culprit for import- ing or exporting them contrary to an Englijh Law ; a Law, vfrhofc Authority they difclaim, and whofe Penalties they both deteft, and dcipife.' But why (hould we labour this Point any longer ? Dr. Franklin himfelf joins his Suf- frage to ours ais far as this Point is concerned. Many [fays he, in his Advertiffement to his Confiderations on the Nature, and the Extent of the Legiflative Authority of the Bfitifli Par- liament, printed in * RivIndtom's Niii) Tork Gazetteer^ Otibb& 30, 1 774,] '* Mkny will t)er- "'haps be furprized to fee the Lcgiflative Au- ** thority of the Britijh Parliament o^er the Co- ♦ I have been lately informed, that the News- Writer of ^mu'Tork was herein miftaken ; this Pamphlet brcittg the Produdion of another patriotic Pen, and not of Dr. -' . «t Ionics, !>LEAS AND ARGUMENTS. 57 «* Ionics, denied in ivery Inftance, Tliofe the ** Writer informs, that, when he began this •* Piece, he would probably have been furprizcd *' at fuch an Opinion himfelf. For it was the ** Refuh, not the Occafion of his Dlfquifitions. ** H6 entered upon thein with a View and Ex- •' pedtation of being ahle to trace fooic conftitu- ♦* tional Line bctw.ren thofc Cafes in which we *' [tin&^merh^atts] ought, and thofe in which we *' pugnt not X.0 acknowledge the Power of Par- *' liament over us. In the Profecution of his *' Inquiries he became fully convinced, that **'fu€h a Line doth not e^ift \ and that there can ** be no Medium between acknowledging^ and " ^^wy/>^ that Power in all Cases." t Now after this, what can be faid more ? And how can we think of a Medium, of a Fempe- rament, of a Reconciliation in fuch a Cafe ? Mutual Conccflions cannot poflibly be made : Compromifing Schemes are idle, and vifionary Things ; becaufe the Nature of the Claim on both Sides is abfolutely fuch, that it muft be ad- mitted whole and entire j— or be wholly denied and rejedled. Therefore in fuch a Dilemma, what other Scheme [peaceable Scheme I mcanj can now remain for the good People of Great- Britain yet to purfue, — bi:t either to furrender the dilobedient Colonies entirely up, by declar- ing them to be fo many free and independent JSmejs i-r-Qr to become their 1 ributanes and, E Vafials? I!' 1 .% /it? w ■ 1" ■ if' '!■'•■ f|' * i I. m'. < ■■■-::■!. ■. I ■ 'it «Jr ^■.>iw:-^ 'n,--. *<-iW' -,.v,--V, ■'('■•■ ■ V I ! .-•■* ft ■, ?1 58 PLEAS AND ARGUMENTS. Vaflals?--! fay, their Tributaries 2it\di Vajfafs : For fuch wc muft really be, if wc do not fepa- rare from them, whatever thin Difguifes may be attempted to be put on to cover the Difgrace. Every Advantage, which we enjoy, they arc to enjoy in common with us) and yet to contribute nothing but what, when^ and how they pleafe towards the vaft Expence of procuring, and fe- ^uring thcfc Advantages. We are t^ defray the Charges of Fleets and Armies, of Forts and Settlements, of Embaflies and Alliances, of Treaties' of Peace and Commerce, and of all other expenfive Privileges which the EngUfli enjoy among foreign Natrons*, and then they (the Americans) are to reap the Benefits of them equally with ourfelves. In fhort, we are to be the firft Adventurers, and the firft Drudges in every Cafe; we are to run the firft Rifques, and to bear all the primary Expences i— and then, when Matters are brought to bear, and the Trade has fuccecded, they are to commence our Rivals and Competitors. Thus, for Ex- ample, is there fome new and important Difco- very to be made in Chymical Procefles, in the Arts of Dying, Colouring, Mining, Fluxing, &c, &c. I Or are there any ufeful Machines tt> be invented in the Mechanic Arts ? The In- ventor may have a Patent to reward his Genius, to re-imburfe his Expences, and encourage his Induftry for fourteen Ye^ars, if he pleafes \ this ^ -* " Patent PLEAS AND ARGUMENTS. 59 Plitent will hok) good againft his Fellow^Sub- jc6ts in Gteat'Britain\"h\xt wiH not figni^ a Rufli againft the Independents oS North Ameri- ca :— And what is ftill more provoking, thefe Independents will have ic in their Power to en- tice aWay his Agents and Servants, after he hai been at the fole Expcnce and Trouble of teacK- itrg, and training them to the Bufinel's : — I fay, they will have it in their Power to entice them publkUy SLVfSLYj by offering them Reivards in our qwn pi^iic Papers to remove to Narth-Jfiierica. AgaK)> are there any Places, either lucrative or honourable, important or influential, to be ob* tained under the Britifli Government ? And arc ^11 Foreigners and Aliens, and even HanoverianSy to be excluded from fuch Pofts of Honour, Pro* fit or extenfive Influence? Very right:— But OUir dear, independent Brethren of North- Ame^ rica are neither Foreigners, nor Aliens, not yet Hanoverians : They are the better Part of our ownfelves •, ^nd therefore- --//^ry /lave a. Right to every Thing, Nay, they have a Right to be cholen Members of the Britijh Parliament, and to fit and vote for any Sums they fhall pleafe, tq be applied for the Independence of America againft the Intereftand C\d\msoi Great-Britain^ Once more •, Do we wilh to encourage fome ad- vantageous Trade with a foreign Country •, a Country, which abounds with raw Materials, ^ut is deftituttt' of Manufadiuiss ?---We mull not ' \. ■ ■■ ' I < ■■ •' ' ! ^^^^^H 1 ^"ia^^^^l wIM In^^^^^^H ttk 1 i.w^^^^^H raj' ('{ , t"^^^H m *^^^^^B' m ^w II •I •1 ' ' ' ! 66 ft^tAS AKD ARGUMEKtS, hoc do it; if fuch a Trade ihould be fuppofed to interfere with the Trade of the Colonies. Are \ft neverthelefs convinced* that we ought to be at Liberty to buy all Sorts of raw Materials at the bcft Markets^ and the cheaped ? And that , it is the Height of Abfurdity, to lay heavy Duties on their Importation into Great'-Britain T No Matter for that :— For if the Intereft of the Colonies (hould fo requirt, that is every Thing; that alone filences all Objedions. And wp mull: give thefe Colonics great Bounties foi* raiiing fuch Commodities, as might be im- ported from other Countries much better in . ^tf/r/y, much greater in ^antityy and without 'li/fy Bounties at all ; — nay, tho' thefe Countries fhould agree to take our own EngU/h Manu^ failures in Return. .■i2:\-^um\\ rntmrn-i 'io ,. There is therefore nothing more that can be offered relative to this Subjed. For if we ihall ilill perfift in carefTing our Colonies for putting thefe Indignities daily upon us ; — if we (hall ilill fubmit to be fleeced, taxed, and infulted by them, inftead of throwing them off, and declar- ing ourfelves to be unconnedlcd with, and inde- pendent of them, we fhall become (and indeed we are now becoming) a Monumenr of the GREATEST INFATUATION. -'''■: 'ifa O , FINIS. ,,.tv: CO re 3c at lat ^r if he we fof ni- in >ut ries be ball ing Hill by lar- ide- leed the